Terms And Conditions
Terms And Conditions
Memberkeys GmbH, Thalkirchner Str. 56, 80337 Munich, Germany, operates an online rental and shopping club (hereinafter referred to as "THE BEYOND CLUB") on the Internet at www.thebeyond.club/, which offers the rental of exclusive handbags and other luxury goods within the scope of subscription models and optionally their purchase (hereinafter collectively referred to as "THE BEYOND CLUB Services"). These General Terms and Conditions apply to the registration in THE BEYOND CLUB and the rental of exclusive luxury goods within the framework of subscription models (hereinafter "GTC"); the sale of exclusive handbags is subject to separate General Terms and Conditions, which can be viewed here www.thebeyond.club/agb-verkauf. Membership in THE BEYOND CLUB requires registration. Registration for THE BEYOND CLUB is subject to a fee and obliges you to pay the weekly subscription fees; it does not oblige you to purchase any products.
2. Validity of these GTC as of membership in THE BEYOND CLUB
2.1 These GTC apply to the conclusion of all subscription models as well as other additional services subject to a charge via www.thebeyond.club/, as described in more detail in clause 4. By applying to become a member of THE BEYOND CLUB, the Customer expressly agrees to these GTC. Any deviating agreements must be made in writing in order to be valid.
2.2 Terms and conditions set by customers that contradict these GTC are invalid unless otherwise contractually agreed.
3. Application as a member / conclusion of a subscription contract
3.1 Access to THE BEYOND CLUB and THE BEYOND CLUB Services requires (a) an invitation of the Customer by THE BEYOND CLUB (b) an invitation of the Customer by an existing THE BEYOND CLUB Member or (c) the use of a special promotion of THE BEYOND CLUB in which Customers can apply without an invitation, as well as a one-time, legally binding application as a Customer. With the application, the customer submits a legally binding offer to conclude the subscription model chosen by him/her.
3.2 After the application has been submitted, an automatic registration confirmation will be sent to the email address provided by the Customer (hereinafter referred to as "Registration Confirmation"). This registration confirmation does not constitute an acceptance of the offer to conclude a subscription model, but merely confirms receipt of the application by THE BEYOND CLUB. As an exclusive shopping club, THE BEYOND CLUB only admits a certain number of new members each month. Therefore, there may be waiting periods of several weeks before new customers are accepted as members. If THE BEYOND CLUB accepts the Customer's offer to conclude a subscription model, a membership contract is created for the subscription model selected by the Customer as part of his/her application. THE BEYOND CLUB accepts the Customer's offer by sending the Customer a key (the "Gold-Key") by post (hereinafter referred to as "Acceptance"). There is no entitlement to conclude a subscription model. THE BEYOND CLUB reserves the right to refuse a registration without giving reasons.
3.3 The Gold Key is engraved with the access code to THE BEYOND CLUB, which the Customer must enter when registering for THE BEYOND CLUB for the first time. This access code also serves the purpose of granting other customers access to THE BEYOND CLUB. The Golden-Key is gold-plated in the subscription model Starter, Gold, Platin and has a value of €30.00. The Gold-Key is delivered under retention of title, which only expires after the customer has been a member of THE BEYOND CLUB for twelve months and the Gold-Key becomes the property of the customer.
3.4 With his/her application, the customer declares that he/she is at least 18 years of age. An application by persons who have not yet reached the age of 18 is prohibited.
3.5 With his/her application, the customer declares that she/he has a liability insurance in place, which also covers damages to rented property and that, in the event of a loss of property of BEYOND CLUB, he/she will fulfill his obligations under this liability insurance.
3.6 To apply, the application form provided separately must be completed [and an identification document (identity card or passport) uploaded]. The customer assures that the information provided by him/her is true and complete. Insofar as personal data changes, it is the customer's responsibility to update the changed data in his/her user account. All changes can be made online after initial application. Transfer of membership to another person is not permitted without the prior written consent of The BEYOND CLUB.
3.7 THE BEYOND CLUB stores the data entered in the customer database in compliance with data protection requirements. Details can be found in the data protection declaration on the THE BEYOND CLUB website at www.thebeyond.club/datenschutz. The data is used for the processing of orders and invoicing.
3.8 The customer undertakes to keep the password communicated via the online shop secret and to protect it from access by unauthorised third parties. The customer can change his password at any time or request a new password via www.thebeyond.club/. In case of misuse of the access data, the Customer is responsible. Any suspicion of misuse must be reported to THE BEYOND CLUB immediately.
3.9 In case of suspicion of misuse of the services of THE BEYOND CLUB or if false data is provided, THE BEYOND CLUB reserves the right to immediately block a registration and to terminate the contracts with the respective customer without notice. If misuse can be proven, THE BEYOND CLUB reserves the right to assert any resulting claims for damages against the customer.
4. Subscription prices, ordering handbags
4.1 The weekly rental price is € 39.00 for the Starter subscription model, € 69.00 for the Gold subscription model and € 129.00 for the Platinum subscription model. The prices are final prices including statutory VAT as well as shipping and packaging costs. All subscription models grant the customer access to THE BEYOND CLUB services (purchase and rental of handbags).
4.2 The Starter subscription model only includes access to THE BEYOND CLUB but not the free rental of handbags - these must be ordered in the Starter subscription model for a separate fee, which is shown in THE BEYOND CLUB online shop for each handbag. The Gold subscription model includes the simultaneous rental of one handbag per month. The Platinum subscription model includes the rental of up to four handbags per month and the right to reserve and order handbags earlier than customers of the Starter and Gold subscription models. In the Gold and Platinum subscription models, there is no legal entitlement to the rental of a specific handbag; the offer is based on the availability of the handbags. The Gold and Platinum subscription models also grant the right to rent additional handbags for a separate fee, which is shown for each handbag in THE BEYOND CLUB online shop.
4.3 The handbags included in the monthly subscription price under the Gold and Platinum subscription models can either be selected by the customers of the Gold and Platinum subscription models (a) themselves or (b) determine that THE BEYOND CLUB selects the handbags for the customer.
4.4 A change of the subscription model during the fixed term is possible at any time in a higher-priced subscription model, otherwise excluded.
4.5 THE BEYOND CLUB is entitled to offer lower prices at any time for a limited period.
4.6 Offers in the form of product presentations, etc. in THE BEYOND CLUB online shop are subject to change and do not constitute offers in the legal sense. Prices are subject to change and errors excepted. Any special offers, promotional vouchers, etc. that are limited in time are marked accordingly. Photographs and illustrations as well as the item description within the scope of the product presentation are for illustration purposes and may deviate from the delivery. In particular, it is pointed out that the colours in illustrations may be shown differently than is actually the case under room or daylight conditions. Insofar as handbags are illustrated by pictures, these may also represent other items (e.g. accessories, decoration) in addition to the handbag offered. Such items are not part of the rental and are not part of the order. In any case, only the product description is decisive for the quality of the handbags offered. Handbags selected by the customer are placed in a virtual shopping basket. Until the final order is placed by clicking on the button "rent for a fee" or "rent as a subscription bag", the customer can correct the contents of his shopping basket as well as customer, delivery and payment details at any time. Only the customer's order is a binding offer. If the customer does not complete an order, it is possible that the shopping basket will no longer contain the previously selected handbags when the online shop is called up again at a later time; this may be for technical reasons or due to a change in product availability etc. in the meantime.
4.7 After the order has been placed, an automatic order confirmation will be sent to the Customer at the email address provided by the Customer (hereinafter "Order Confirmation"). This Order Confirmation does not constitute an acceptance of the Customer's order or the specification of the Customer's inclusive performance for this handbag (hereinafter "Order"), but merely confirms the receipt of the Order by THE BEYOND CLUB. The contract on the order is only concluded when THE BEYOND CLUB sends the handbag within the framework of the rental relationship. If the Customer receives a confirmation of the conclusion of the contract from THE BEYOND CLUB beforehand, this constitutes the acceptance of the offer.
4.8 If THE BEYOND CLUB does not accept an order from a Customer in the Starter subscription model for which payment has already been made, THE BEYOND CLUB will immediately refund the amount paid to the Customer. In the Gold and Platinum subscription models, the Customer may order another bag free of charge.
4.9 The handbags are only provided to the customer on a rental basis with dispatch. A transfer of ownership does not take place.
4.10 Each handbag is equipped with an RFID chip located on the inside of the bottom of the handbag or other suitable location. This ensures easy identification of the handbags by THE BEYOND CLUB staff.
5. Services of THE BEYOND CLUB
5.1 The handbag ordered will be delivered in accordance with the information in the online shop and temporarily provided as a rental item.
5.2 The handbags are only available in limited quantities. Therefore, THE BEYOND CLUB can only deliver within the limits of available stock.
5.3 The scope of services is based on the product description of the respective handbag stored in the online shop.
6. Shipping costs and invoices
6.1 The prices quoted in THE BEYOND CLUB online shop are inclusive of VAT and include shipping costs.
6.2 With the conclusion of the application and the associated conclusion of a subscription model, THE BEYOND CLUB is authorised - after acceptance in accordance with section 3.1 of the offer to conclude a subscription model by THE BEYOND CLUB - to collect the amount due via the payment method selected by the Customer. The amount is due at the beginning of the contractual relationship or the confirmation email. Thereafter, it will become due again every 28 days during the term of the contract after the previous due date. Payment of the rental fee shall be made by debit card, credit card (VISA, Mastercard, American Express), Apple Pay, direct debit, instant bank transfer or Paypal at the customer's discretion. THE BEYOND CLUB reserves the right to exclude individual payment methods.
6.3 If invoices from deliveries and services are paid via the SEPA core direct debit procedure, the customer will receive advance information on direct debit collection at least one bank working day (COR1) before the invoice is due for the first execution of a direct debit order or for a one-off direct debit. All subsequent direct debits shall be presented within a period of at least one bank working day (COR1) before the due date. This advance information can also be provided with the transmission of the invoice to be collected. This advance notice enables the customer to object to the direct debit, if necessary, before it is posted to the account.
6.4 A SEPA core direct debit with a valid SEPA mandate can be objected to within 8 weeks from the due date. In the case of unauthorised direct debits without a SEPA mandate, the debtor can initiate a chargeback within a period of 13 months. After expiry of these periods, the debit can no longer be objected to.
6.5 [THE BEYOND CLUB will charge the fees incurred for chargebacks of direct debits or credit card debits caused by the Customer. These vary according to the type of payment and credit institution].
7. Rental period of the individual handbags
7.1 The rental period of the handbags included in the respective subscription model is 4 weeks in the Starter subscription model, a minimum of 4 weeks and a maximum of 12 weeks in the Gold subscription model and a minimum of 2 weeks and a maximum of 12 weeks in the Platinum subscription model. The rental period begins on the day THE BEYOND CLUB confirms the dispatch of the bag. THE BEYOND CLUB reserves the right to rent certain handbag models only for a maximum period of one month.
7.2 Within the framework of the Starter subscription model and in the event of ordering handbags within the framework of the Gold and Platinum subscription models that exceed the inclusive handbags, the customer can select the rental period of the bag within the framework of the order and will be shown the final price (incl. VAT). The minimum rental period is one week. The start of the rental period is the day of the confirmation of dispatch of the bag by THE BEYOND CLUB.
8. Contract term and termination
8.1The subscription models are offered with a fixed term of 12 or 24 weeks (hereinafter each a "Minimum Term").
8.2 The contract concluded between THE BEYOND CLUB and the Customer may be terminated at any time after the minimum term without giving reasons. The notice of termination must be received by THE BEYOND CLUB in case of a Minimum Term of 12 weeks no later than 6 weeks before the next possible end of the Minimum Term and in case of a Minimum Term of 24 weeks no later than 12 weeks before the next possible end of the Minimum Term. If the contract is not terminated (in due time), it will be extended by the respective minimum term of 12 or 24 weeks. Notice of termination must be given in text form. The prerequisite for an effective termination is the complete return and receipt of the rented handbags by THE BEYOND CLUB at the end of the term. If the rented handbags are not received by THE BEYOND CLUB in due time, the contract will be automatically extended by a further month until all handbags have been received by THE BEYOND CLUB.
8.3 In the case of customers with a poor payment record, THE BEYOND CLUB reserves the right to extraordinarily terminate the contract with immediate effect and to invoice the contractual disposal, insofar as legally permissible, without deduction of discounts. Furthermore, THE BEYOND CLUB reserves the right to terminate individual contracts with immediate effect also for other reasons. In the event of extraordinary termination, the Customer is obliged to return all handbags in his/her possession to THE BEYOND CLUB without delay. THE BEYOND CLUB is entitled to claim damages from the Customer due to the non-fulfilment of its contractual obligations.
9. Use of the handbags by the customer
9.1 The handbags sent by THE BEYOND CLUB on a subscription basis may be both new and used goods. Second-hand goods will be carefully and professionally cleaned and inspected and rented on in the condition described in each case. Cleaning by the customer is not required.
9.2 If the Customer notices any damage/defects to the handbag upon receipt of the handbag or in the course of the rental period, the Customer is obliged to inform THE BEYOND CLUB thereof in writing without delay. The same applies if a handbag is damaged by the Customer or a third party in the course of the rental period. In order to simplify the assessment for THE BEYOND CLUB Support, the Customer should send THE BEYOND CLUB Support pictures of the damage and a brief description of the damage.
9.3 The Customer is obliged to handle the handbags delivered with care and to observe all provisions relevant for proper use, in particular the enclosed care instructions of THE BEYOND CLUB.
9.4 The customer shall store the handbags appropriately and protect them properly from foreign influences.
9.5 THE BEYOND CLUB must be notified immediately in writing of any loss of, damage to or deterioration of the handbags. If the Customer culpably fails to notify THE BEYOND CLUB without undue delay, the Customer shall be liable to THE BEYOND CLUB for compensation for any damage resulting therefrom.
9.6 The customer is generally responsible for loss of or damage to the handbag during the rental period. Signs of wear and tear caused by the intended use of the handbag, such as slight soiling, which can be removed at a cost of no more than EUR 100.00, are not deemed to be damage.
9.7 The customer is liable for damage to the rental object in accordance with the following provisions:
9.7.1 The customer shall not be liable for damage requiring a repair cost of less than €10.00.
9.7.2 For damages exceeding € 10.00, the customer shall be liable in accordance with the damage table, which is available [here]. The flat-rate damage items stated in the damage table reflect the damage to be expected in the normal course of events or the reduction in value that usually occurs. The customer reserves the right to prove that no damage at all or only a significantly lower damage has occurred.
9.7.3 THE BEYOND CLUB reserves the right to claim further damages (in particular lost profits).
9.8 The Customer may not make the handbags available for use by third parties who are not part of the Customer's household. In any case, it must be ensured that the handbags are used exclusively by one person.
9.9 The customer is not entitled to make any changes to the handbags. This includes in particular the removal or manipulation of the RFID chip.
9.10 If a handbag is seized, confiscated or stolen from the Customer, the Customer is obliged to inform THE BEYOND CLUB immediately by e-mail or in writing. The Customer must inform third parties of THE BEYOND CLUB's ownership of the handbag.
9.11 THE BEYOND CLUB reserves the right to terminate the Customer's membership without notice if the Customer causes damage in excess of €500.00 or breaches any of its obligations under Clauses 9.8, 9.9 or 9.10.
10. Delivery and shipping
10.1 Once the desired handbag has been ordered and payment confirmed, the order will be dispatched to the customer within 3 days before the delivery date selected by the customer. Delivery dates are only binding if they have been previously confirmed in writing by THE BEYOND CLUB.
10.2 Handbags ordered will be shipped to the delivery address provided by the Customer. THE BEYOND CLUB will regularly commission third parties to ship the handbags ordered and will only make deliveries itself in individual cases. Handbags will be delivered to the Customer via Deutsche Post, UPS or another shipping service provider using a tracking number. The customer is responsible for ensuring that the handbags can be properly delivered.
10.3 THE BEYOND CLUB is entitled to make partial deliveries and render partial services, provided that this is reasonable for the Customer.
10.4 Delays in delivery for which THE BEYOND CLUB is not responsible shall extend the delivery period in accordance with the duration of such obstacles. In important cases, the Customer will be informed of the beginning and end of such hindrances without delay.
10.5 The risk of loss or deterioration of the handbag shall pass to the customer as soon as it is handed over to him in the transport packaging by the carrier.
10.6 THE BEYOND CLUB only ships to delivery addresses in Sweden, Italy, Spain, France, Netherlands, Norway, Finland, Denmark, Portugal, Belgian, Luxembourg, Germany and Austria.
11. Return of the rented items, obligations and liability of the client
11.1 The Customer may return the rented goods prematurely at any time during its membership, but will not receive the next bag under the Gold and Platinum subscription models until the end of the respective monthly period. At the end of the rental period, the customer is obliged to return the handbag(s) using the return label enclosed with each delivery from THE BEYOND CLUB.
11.2 THE BEYOND CLUB asks the Customer to exclusively use the return label enclosed with each delivery for the return shipment, as this is the only way to enable a clear allocation in the goods receiving department. If the Customer does not use the enclosed return label, he/she must carry out the return shipment at his/her own expense and must ensure that the package is insured for at least €5,000. In this case, THE BEYOND CLUB must also be notified of the return shipment, stating the shipping service provider and a tracking number.
11.3 The decisive factor for the timeliness of the return is the delivery of the package to the shipping service provider by the customer.
11.4 Damages due to delays or further performance failures resulting from failure to properly follow the return shipping instructions shall be compensated by the customer. In particular, he shall bear the shipping costs if he does not use the return label provided.
11.5 If the Customer does not return the handbag in time, THE BEYOND CLUB is entitled to charge the Customer the weekly rental price of the handbag for each week or part thereof and to collect this amount via the Customer's chosen method of payment.
11.6 If the customer continues to use the handbags after the expiry of the rental period without extending the contract, the rental relationship shall not be deemed extended. Section 545 BGB shall not apply. THE BEYOND CLUB reserves the right to charge the Customer for any loss of use incurred, taking into account any payments made, and to extraordinarily terminate the contractual relationship with the Customer.
12. Right of withdrawal
12.1 Consumers are generally entitled to a right of withdrawal.
12.2 Further information on the right of withdrawal can be found in the withdrawal policy of THE BEYOND CLUB.
12.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
13. Liability for defects
The statutory provisions on liability for material defects shall apply.
14.1 THE BEYOND CLUB shall have unlimited liability:
14.1.1 for any intentional or grossly negligent causing of damage by itself, one of its legal representatives, vicarious agents or assistants,
14.1.2 in the event of intentional or negligent injury to life, limb or health,
14.1.3 for claims under the Product Liability Act or insofar as THE BEYOND CLUB has fraudulently concealed the defect of an item or has assumed an express guarantee for the quality of an item.
14.2 Furthermore, THE BEYOND CLUB shall only be liable in the event of simple negligence in the event of a breach of material contractual obligations and limited to the typically foreseeable damage. Material contractual obligations are contractual obligations the fulfilment of which is a prerequisite for the proper performance of the contract and the observance of which the Customer regularly relies on and may rely on. In the event of a breach of material contractual obligations, THE BEYOND CLUB shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
14.3 THE BEYOND CLUB shall not be liable for items that are forgotten upon return of rented items.
14.4 Any further liability of THE BEYOND CLUB is excluded.
15. Applicable law, language, online dispute resolution
15.1 The contractual language is English.
15.2 All disputes arising in connection with the initiation, execution or settlement of the contractual relationship between the Customer and THE BEYOND CLUB shall be governed by German law, subject to any local mandatory law, or rights available to Consumers.
15.3 Any agreements supplementing or amending these GTC must be in writing to be effective.
15.4 Should individual provisions of these GTC be invalid in whole or in part, these GTC shall otherwise remain valid.
15.5 Online dispute resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG: The European Commission provides a platform for online dispute resolution (OS platform). This can be reached at http://ec.europa.eu/consumers/odr/. THE BEYOND CLUB is not obliged to participate in a dispute resolution procedure before a consumer arbitration board and is generally not prepared to do so.